The Doctrine of Harmless Error
29
'5 technicality run mad and gone to seed.
granted, by any court of the United
We decline to be bound by, or to follow, a line of authorities so repugnant to reason, so demoralizing to respect for law, and so destructive to justice. The
the ground of misdirection of the jury or the improper admission or rejection
habit of reversing cases upon techni calities is a very convenient one for
States, in any case, civil or criminal, on
of evidence, or for error as to any matter of pleading or procedure, unless in the opinion of the court to which applica
appellate courts, for by so doing they
tion is made, after an examination of
can escape much hard labor and all responsibility for their decisions, for a
the entire case, it shall aflirmatively appear that the error complained of has
violation of some technical rule can be found in almost every closely contested
resulted in a miscarriage of justice. 1 U. S. Comp. St. p. 715. No writ of error shall be issued in any criminal case
case. "We believe that appellate courts should faithfully and fearlessly do their duty. and decide every question pre sented with reference to the substantial
unless a justice of the Supreme Court shall certify that there is probable cause to believe that the defendant was unjustly convicted. 1 U. S. Comp. St.
merits of the case in which it arises. In this way only can justice be ad
p. 575.’
See Green Bag, October, 1908,
p. 525.
The same recommendation was
ministered.
Ignoring justice and de
ciding cases upon technicalities has not only largely lost to the courts the con
fidence and respect of the people, but it has also greatly alarmed the profession of law itself. "No one can say that the members of the American Bar Association are sen sationalists, or are wanting in learning or ability. It is eminently a conservative body. Yet we find them crying out
adopted by the New York State Bar Association at Bufialo, on January 28 and 29, 1909. February, 1909.
See
Green
Bag for
“While the above resolutions are in stronger language than our statute upon
the same subject, yet they are protests against the same evil, breathe the same spirit and tend in the same direction.
While we do not recognize the action of the American Bar Association and of
against and proposing a remedy for this
the
evil. At its last meeting at Seattle, “'ash, it recommended to Congress the
authority, yet we are pleased to know that views which this court has re
New York
Bar Association as
following amendment to the Revised Statutes of the United States: ‘No
peatedly expressed in written opinions have found such impartial, able, and
judgment shall be set aside, or new trial
conservative indorsements . ”
Reviews of Books MARTIN'S LAW OF LABOR UNIONS A Treatise on the Law of Labor Unions; Con
Liining a Consideration of the Law Relating to Trade Disputes in All its Phases, Internal Ad -' “on f Unions. Union Labels and a world"; of,zppmved Forms of Headings, In
Martin, Reviewing Editor of Cyc, and author of Adverse Possession, Appearances, Costs, etc. John Byrne & Co., Washington. Pp. xxv, 455 + forms 122+ table of cases and index 72. (36.)
N this age of strikes, boycotts and lock I
outs,atreatise on the law of labor unions
is very timely. , . junctwn-I
and
Restraining Orders.
By
W.
A.
We do find statements on
